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Patna High Court

Vikash Kumar @ Bikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted subject to a bond, sureties and a condition for cancellation if a criminal antecedent is discovered.

Summary

Vikash Kumar was arrested after a raid recovered 80 bottles of codeine‑phosphate and triprolidine hydrochloride cough syrup from his house. He applied for regular bail under section 21(c) of the NDPS Act, asserting that he was falsely implicated and that no incriminating article was found in his possession. The State opposed bail, citing the seizure and the seriousness of the offence. The court noted the allegations, the petitioner’s custody since 11‑Oct‑2025 and his clean criminal record. It ordered that he be released on regular bail upon furnishing a Rs 10,000 bond with two sureties, subject to cancellation if a criminal antecedent later emerges.

Issues considered

  • Whether regular bail can be granted in an NDPS case under section 21(c) when the accused claims false implication and has no prior record
  • Whether the seizure of drugs from the accused’s house justifies denial of bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • section 21(c)
  • drug seizure
  • codeine
  • triprolidine
  • regular bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29288 of 2026
                       Arising Out of PS. Case No.-171 Year-2025 Thana- NIRMALI District- Supaul
                 ======================================================
                 Vikash Kumar @ Bikash Kumar S/o- Shyam Sunder Singh @ Shyam Sundar
                 R/village - Dighiya, Ward No. - 09, P.S. - Nirmali, District - Supaul, Bihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kuldeep Kumar, Advocate
                                                  Mr. Aditya Raj, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   07-05-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Nirmali P.S. Case

                   no.171 of 2025 registered under section 21(c) of the NDPS Act.

                                 3. As per the prosecution case, on secret information

                   having been received and a raid being conducted, 80 bottles of 100

                   ml each of Codeine Phosphate and Triprolidine Hydrochloride

                   Wiscof cough syrup was recovered from the house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. No

                   incriminating article has been recovered from his possession or

                   his house. He is in custody since 11.10.2025 and has no criminal
             Patna High Court CR. MISC. No.29288 of 2026(2) dt.07-05-2026
                                                         2/2




                       antecedent.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations against the petitioner in

                       the FIR together with the petitioner having remained in custody

                       since 11.10.2025 and not having any criminal antecedent, the

                       petitioner is directed to be enlarged on bail in connection with

                       Nirmali P.S. Case no.171 of 2025 on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned Special Judge

                       (NDPS), Supaul on the following condition :

                                    (I) In case it transpires that the petitioner has any

                       criminal antecedent, the prosecution will be at liberty to move

                       this Court for cancellation of bail granted to the petitioner.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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